Guy's & St Thomas's NHS Foundation Trust & Anor v ESMS Global Ltd & Anor [2025] EWHC 3471 (Comm) (05 December 2025)

Guy's & St Thomas's NHS Foundation Trust & Anor v ESMS Global Ltd & Anor [2025] EWHC 3471 (Comm) (05 December 2025)

The applicants (Hill and Bahra) are within the class represented by the second claimant under the Representation Order, as they are past beneficiaries of the Trust, and thus joinder is unnecessary. The claimants' prior descriptions of the represented class were inaccurate and must be corrected for clarity. No further directions regarding consultation or settlement communications are warranted on the evidence before the court.

Citation
[2025] EWHC 3471 (Comm)
Parties
Claimant: Guy's & St Thomas's NHS Foundation Trust; Claimant: Rita Fitzpatrick; Defendant: ESMS Global Ltd; Applicant: Eugene Hill; Applicant: Dr Suki Bahra
Jurisdiction
England and Wales
Judgment Date
05 December 2025
Procedural Posture
Commercial Court Application in Ongoing Proceedings / Interlocutory Application for Clarification And/or Joinder Under CPR 19.2 and 19.8
Outcome
Declaration granted; other relief refused or no order; costs reserved except no order as to costs for applicants.
Legal Topics
Representative Proceedings, Employee Benefit Trusts, Joinder of Parties, Class Definition Under CPR 19.8, Correction of Pleadings and Orders
Civil Procedure Trusts and Equity Contract Representative Proceedings Employee Benefit Trusts Joinder of Parties Class Definition Under CPR 19.8 Correction of Pleadings and Orders

Case Brief

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Parties

Guy's & St Thomas's NHS Foundation Trust

Claimant

Rita Fitzpatrick

Claimant

ESMS Global Ltd

Defendant

Eugene Hill

Applicant

Dr Suki Bahra

Applicant

Procedural Posture

Commercial Court Application in Ongoing Proceedings / Interlocutory Application for Clarification And/or Joinder Under CPR 19.2 and 19.8

Legal Issues

  1. 1 Whether former employees of ESMS are within the class represented by the second claimant under the Representation Order
  2. 2 Whether the applicants (Hill and Bahra) should be joined as parties or are already represented
  3. 3 Whether directions should be given regarding consultation/communications with represented class

Ratio Decidendi

The applicants (Hill and Bahra) are within the class represented by the second claimant under the Representation Order, as they are past beneficiaries of the Trust, and thus joinder is unnecessary. The claimants' prior descriptions of the represented class were inaccurate and must be corrected for clarity. No further directions regarding consultation or settlement communications are warranted on the evidence before the court.

Court Disposition

Declaration granted; other relief refused or no order; costs reserved except no order as to costs for applicants.

Orders

  • Declaration that the second claimant represents all past, present and future beneficiaries of the Trust (excluding Mr Webster, Mr Sood and their Privileged Relations), including the applicants.
  • Claimants to file and serve corrected claim form, particulars of claim, and reply to accurately describe representative capacity.